Legislation Overview
- Full Title: Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds - Law Type: Federal Law - Issued Date: 20 Jul 2004 - Effective Date: 15 Nov 2007 - Sector: Economy and Business - Number of Articles: 70 - Current Status: Active
Summary
This federal law regulates the import, export, and transit of rough diamonds in the United Arab Emirates. It establishes a system of certification and oversight to ensure compliance with the Kimberley Process, an international certification scheme for the global trade in rough diamonds. The law aims to prevent the trade of "conflict diamonds" that are used to finance armed conflicts and destabilize legitimate governments. (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Arts. 1-2) The law grants the UAE Minister of Economy and Commerce various powers to implement and administer the certification scheme, including amending the list of Kimberley Process participants, publishing trade data, and establishing procedural requirements. (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 2)
What is the scope and purpose of this law?
The purpose of this law is to regulate the import, export, and transit of rough diamonds in the UAE in order to comply with the Kimberley Process and prevent the trade of "conflict diamonds." The law applies to all rough diamond shipments entering, leaving, or passing through the UAE. (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 1)
What are the key definitions?
The law provides definitions for key terms, including: - "Country": The United Arab Emirates (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 1) - "Ministry": The UAE Ministry of Economy and Commerce (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 1) - "Concerned Authority": The Customs Authority in the relevant emirate (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 1) - "Kimberley Process": The international certification scheme for the global trade in rough diamonds (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 1) - "Rough Diamonds": Unworked, sawn, split, or trimmed diamonds (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 1) - "Conflict Diamonds": Rough diamonds used by rebel movements to finance conflicts aimed at destabilizing legitimate governments (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations and requirements: - Rough diamond imports must be accompanied by a valid Kimberley Process certificate and shipped in tamper-resistant containers (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 5) - Rough diamond exports must be accompanied by a UAE-issued Kimberley Process certificate and shipped in tamper-resistant containers (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 12) - The Customs Authority must verify the contents of rough diamond shipments against the accompanying Kimberley Process certificates (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Arts. 9, 17) - Rough diamond imports and exports are only permitted through designated entry and exit points (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 11)
What are the rights and protections?
This legislation does not include specific provisions on rights and protections granted to individuals or businesses.
What are the penalties for non-compliance?
The law establishes the following penalties for non-compliance: - Confiscation of rough diamond shipments that do not comply with Kimberley Process requirements (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 10) - Returning non-compliant rough diamond shipments to the country of origin (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 10) - Auctioning confiscated rough diamonds and transferring the proceeds to the relevant Kimberley Process participant to enhance the certification system (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004, Art. 10)
How does this law interact with other UAE legislation?
The law references several other UAE federal laws, including: - Union Law No. (1) of 1972 on the jurisdictions of ministries and powers of ministers - Union Law No. (3) of 1987 issuing the Penal Code - Union Law No. (35) of 1992 issuing the Criminal Procedures Law - Union Law No. (9) of 1993 on the supervision of dealing in valuable gems and precious metals - Union Law No. (1) of 2003 establishing the Federal Customs Authority (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004)
When did this law come into effect and what are the transitional provisions?
This law came into effect on 15 November 2007. (Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds, 2004) The legislation does not specify any transitional provisions.
Source Documents
This article analyses Federal Law Regarding Supervision of Import / Export and Transit of Rough Diamonds for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.